When will a judge order severance in a personal injury action?

Yukon, Canada


The following excerpt is from MacNeil v. Hedmann, 2013 YKSC 81 (CanLII):

On giving the matter some consideration, I came to the conclusion that the proposal for severance was less attractive and less desirable than I initially thought. Paraphrasing from the decision in Ross River Dene Council v. Canada (Attorney General), supra, I derive the following propositions that ought to guide me in my exercise of judicial discretion: a judge’s discretion to sever should not be exercised in favour of severance unless there is a real likelihood of a significant saving in time and expense. Severance may be appropriate if the issue to be tried first could be determinative, in that its resolution would put an end to the action. Severance should generally not be ordered when the issue to be tried is interwoven with other issues in the trial. Mr. Justice Groberman observes in general that the jurisprudence on the subject suggests that courts adopt a cautious approach to the severance of issues.

Other Questions


What are the costs of a personal injury action? (Yukon, Canada)
How have the damages in a personal injury action been calculated since the time of trial? (Yukon, Canada)
What is the test for adjournment in a personal injury case? (Yukon, Canada)
How has a law firm been found to be a party to a personal injury application? (Yukon, Canada)
Can a bankrupt sue for personal injury and then file for bankruptcy before the issue of court costs is resolved? (Yukon, Canada)
What is the burden of proving malice in a personal injury case? (Yukon, Canada)
What is the test for having to pay costs in a personal injury case? (Yukon, Canada)
Is there any limitation of liability in the limitation of personal injury cases? (Yukon, Canada)
In a personal opinion in an affidavit, is it permissible to include personal opinions in the affidavit? (Yukon, Canada)
Can a claim in negligent entrustment be established against a person who supplies an item, here a motor vehicle, to another person who the supplier knows or ought to know? (Yukon, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.